Terms of Service

1. Acceptance of These Terms

These Terms of Service govern the use of the website published at raicesdsudamerica.mom and the services offered by Raices de Sudamerica USA from its studio at 6983 S Running Springs Dr, West Jordan - 84084-2321, United States (US). By reading the site, sending an enquiry, booking a service or entering the studio, a person agrees to these terms to the extent that they apply to that activity.

If a person does not agree with these terms, they should not book a service or use the studio floor. Reading the site remains open to everyone, but a booking, a rental, a commission or a workshop place creates an agreement that includes the terms below.

Where a service is arranged for an organisation rather than an individual, the person who places the booking confirms that they are authorised to accept these terms on behalf of that organisation. The organisation and the individual are both responsible for meeting the obligations that follow.

2. Definitions

In these terms, the Studio means Raices de Sudamerica USA and its staff working at the address above. The Client means the person or organisation that books, purchases or receives a service. The Site means the website published at raicesdsudamerica.mom. The Services means the loom rental bays, pattern archive runs, workshop circle desks, dye batch reviews, commission fittings and heritage lecture evenings described on the site.

The Loft means the physical weaving room and its equipment, including looms, warping tools, benches, shelving, dye equipment and the pattern archive. A Bay means a rented loom position with its associated bench and storage. A Commission means a piece of cloth or a set of cloth goods made by the Studio for a Client under a written brief.

A Business Day means a day other than Saturday, Sunday or a public holiday in the State of Utah. A Written Brief means the document agreed between the Studio and the Client that describes a Commission, including dimensions, fibre, colour, finish, delivery and fee.

3. The Studio and Its Services

The Studio operates a working weaving loft. The Services are provided from a single room with a limited number of looms, a limited number of chairs and a fixed number of teaching hours each week. Capacity is therefore real and not decorative, and the Studio reserves the right to decline a booking when the floor cannot support it.

Descriptions of the Services on the site are accurate in substance but may change in detail. A loom may be withdrawn from rental when it needs repair, a lecture may be moved to another evening, and a dye review may take longer than the first estimate when a bath behaves unexpectedly. The Studio will tell a Client about a material change as soon as it is known.

The Studio does not promise that the site will always be available without interruption. Maintenance, hosting changes and security work may make a page temporarily unreachable. The Services themselves continue to be arranged by email and telephone even when a page cannot be loaded.

4. Eligibility and Accounts

The Services are offered to adults and to young people who are accompanied by a parent or guardian. A person who books a service confirms that they are at least eighteen years old or that they have the consent of a responsible adult. Workshop places for younger weavers require a registration completed by a parent or guardian.

The Site does not offer user accounts. A Client record is created by the Studio when a booking is confirmed, and it holds the information needed to run the service. A Client is responsible for keeping the Studio informed of a change of email address, telephone number or postal address while a booking or Commission is open.

The Studio may decline or withdraw a place where a person has provided false information, has repeatedly failed to attend without notice, or has behaved in a way that puts other people in the Loft at risk. Any decision of that kind will be explained in writing.

5. Bookings and Reservations

A booking is made by sending a note to solutions@raicesdsudamerica.mom, calling +14424600755 or speaking to the Studio desk. A booking becomes binding when the Studio confirms it in writing and, where a deposit applies, when the deposit is received.

Bookings for a Bay must be made at least five Business Days ahead when a warp has to be prepared. Bookings for an archive run should allow at least ten Business Days because a draft has to be located, checked and redrawn. Commission work is scheduled after the Written Brief and the sample are approved.

A reserved Bay is held for thirty minutes past the agreed start time. After that the Bay may be released to the waiting list, and the booking may be treated as a late cancellation under the cancellation section. If a Client expects to arrive late, a short message to the Studio desk will usually keep the Bay open.

6. Loom Rental Terms

A Bay is rented for the period agreed in the booking. The Client may use the loom, bench, lamp and shelf assigned to the Bay and may use shared tools such as shuttles, bobbins and raddles while respecting the needs of other renters on the floor.

The Client is responsible for the loom while it is in their care during the rented period. Damage caused by misuse, by a tool used for a purpose it was not designed for, or by a deliberate alteration to the loom mechanism will be assessed and may be charged at the cost of repair. Normal wear from weaving is expected and is not charged.

Yarn and warp may be supplied by the Studio or brought by the Client. Yarn brought by a Client must be suitable for the loom and must arrive before the warp is dressed so that the sett can be checked. The Studio may refuse yarn that is contaminated, excessively oily or otherwise likely to damage the equipment.

A quarterly renter may leave a warp standing between visits. The Studio will protect the warp from dust but cannot guarantee that a standing warp is undisturbed by another renter, by a demonstration or by a repair. A Client who needs a warp left for a long period should agree the arrangement in writing.

At the end of the rental the Client must remove personal yarn, tools and finished cloth. Items left in a Bay after the rental period may be stored for thirty days and then disposed of after notice to the Client.

7. Pattern Archive Runs

An archive run produces a working document based on one motif or one structure held in the Studio archive. The document includes a drawdown, a threading plan, a tie-up and notes on yarn weight. It is prepared for the Client named in the booking and may be used by that Client for personal work, teaching and production.

The archive itself remains the property of the Studio. A Client may not claim ownership of an original card, sample or field note and may not remove an original item from the Loft. Copies are supplied in print or digital form, and a Client may not resell the archive document as a standalone product.

Where a pattern is known to be subject to a third party right, the Studio will tell the Client before the run begins. It is the responsibility of the Client to obtain any further permission that is needed for commercial use of the resulting cloth.

Archive runs are prepared with care but are not a conservation treatment. The Studio does not authenticate an antique textile, does not provide a valuation and does not act as an expert witness on the basis of a run.

8. Workshop Circles

A workshop circle has eight seats and one teacher. A place is confirmed when the booking is accepted and the fee is paid. The Studio may cancel a circle if fewer than four places are taken, in which case the fee is refunded in full or transferred to another date at the choice of the Client.

Materials for a first circle are included in the fee. A Client who misses a circle without notice may not transfer the place to another date, because the loom and materials have already been prepared. A missed circle with at least twenty four hours of notice may be transferred once, subject to availability.

Teaching materials, handouts and sample drafts supplied during a circle are for the personal use of the participant. They may not be copied for resale or distributed as a course in another venue without written permission from the Studio.

9. Dye Batch Reviews

A dye batch review is a recorded process, not a colour match guarantee. The Studio takes care to reproduce a requested shade, but natural fibres, water and dye materials vary, and a small difference between the sample and the finished batch is normal. The Studio will show the finished skein against the shade card before delivery and will discuss any visible difference with the Client.

Dye records belong to the Studio and may be reused in future work. A Client may receive a copy of the record for the batch that was prepared for them. A Client may not require the Studio to disclose a record for a batch prepared for another Client.

Dye work can involve substances that require care. A Client who supplies their own dye material must provide the safety information for it, and the Studio may decline material that cannot be handled safely in the Loft.

10. Commissions and Fittings

A Commission begins with a conversation and a Written Brief. The Brief records the dimensions, fibre, colour, finish, delivery date and fee. Work on the loom begins only after the Brief and the sample are approved by the Client in writing.

A deposit of one half of the fee is normally required before yarn is ordered. The balance is due before delivery. Where a Commission is large or staged, the Brief will set out a payment schedule instead.

A Client may request a change to a Commission before the warp is dressed. Changes after that point may require a new warp, and the Studio will quote the extra cost before proceeding. Changes after weaving has begun may not be possible at all, and the Studio will explain the reason rather than accept a change that would ruin the cloth.

Delivery dates are given in good faith. If a Commission is delayed by a material problem, the Studio will tell the Client promptly and will agree a new date. The Studio is not liable for a loss caused by a delay that the Client could reasonably have avoided by ordering earlier.

Hand woven cloth has small variations in sett, beat and colour that are part of the craft. These variations are not defects. A defect is a fault that makes the cloth unfit for the agreed purpose, and a claim of that kind should be made within fourteen days of delivery so that it can be inspected.

11. Heritage Lecture Evenings

Lecture evenings are free with a reservation. A reservation holds a chair and helps the Studio plan the table. A person who reserves and cannot attend should cancel so that the chair can be offered to someone on the waiting list.

A lecture may include historic cloth that is fragile. Visitors may not handle an item unless the speaker invites it, and may not bring food or drink into the area where cloth is laid out. Photographs are permitted where the speaker agrees, without flash and without moving the object.

The Studio may record a lecture for internal use or for the archive. A visitor who does not wish to appear in a recording should tell the Studio desk before the evening begins, and the Studio will respect the request.

12. Fees and Payment

Fees for the Services are quoted in United States dollars and are stated in the booking confirmation or the Written Brief. Fees may be quoted per day, per week, per seat or per Commission, depending on the service. A quotation is valid for thirty days unless it states otherwise.

Payment may be made by the methods offered by the Studio at the time of booking. The Studio does not store card numbers. A payment is treated as received when the Studio or its payment processor confirms it.

Yarn supplied by the Studio, delivery and travel for an on site fitting are charged in addition to the service fee unless the Written Brief says otherwise. A late payment may attract a charge where the Brief states one, and the Studio will not begin a new stage of work while a previous invoice remains unpaid.

A Client is responsible for any tax that applies to a service in the place where the Client receives it, except for tax that the Studio is required to collect and remit.

13. Cancellations and Rescheduling

A Bay may be cancelled or rescheduled without charge with at least three Business Days of notice. A cancellation with less notice may be charged for the days held, because the loom was dressed and kept out of the rental schedule.

An archive run may be cancelled without charge before the draft work begins. Once a draft has been located and redrawn, a cancellation may be charged for the work completed.

A workshop place may be transferred once with twenty four hours of notice, or refunded if the Studio cancels the circle. A lecture reservation may be cancelled at any time without charge.

A Commission may be cancelled before yarn is ordered without charge beyond work already agreed. After yarn is ordered, the deposit may be retained to cover materials and preparation. After weaving has begun, the Studio will discuss a fair settlement based on the work completed and the materials used.

14. Studio Conduct and Safety

The Loft is a working room with moving parts, sharp tools and hot dye pots. A Client must follow the safety instructions given by the Studio, must keep long hair and loose clothing clear of a moving loom, and must not operate a machine or tool that has not been demonstrated to them.

The Studio may ask a person to leave the Loft if that person is intoxicated, is aggressive to another person, is handling equipment dangerously, or is interfering with the work of another Client. A booking that is ended for that reason is not refunded.

Children must remain with a parent or guardian at all times. Pets are not permitted in the weaving room except for a trained assistance animal, and the Studio should be told in advance so that space can be prepared.

Food and drink are permitted at the break table only. Dye materials, fibre dust and hot tools can make the weaving floor unsafe for a drink left beside a loom, so the Studio enforces a single break area for everyone.

15. Intellectual Property

The text, layout, photography and code of this Site belong to the Studio or are used with permission. A reader may link to a page and may quote a short passage with an attribution. A reader may not copy a whole page, republish the Site as their own or use its material for commercial training without written permission.

Drafts, tie ups, teaching materials and archive documents prepared by the Studio remain the intellectual property of the Studio. A Client receives a licence to use an archive document for the purpose stated in the booking. The licence does not transfer ownership of the underlying pattern.

A Client owns the physical cloth made for them under a Commission. The Studio retains the right to photograph a finished Commission and to include it in the archive and in lectures, unless the Client asked for confidentiality in the Written Brief.

The Studio name, the trade dress of the Loft and the marks used on a woven label may not be used by another party in a way that suggests an endorsement or a partnership without written consent.

16. Client Materials and Yarn

Yarn and other materials supplied by a Client remain the property of the Client. The Studio stores them in a labelled place and takes reasonable care of them, but cannot accept liability for a loss caused by a risk that the Client did not disclose, such as a yarn that attracts pests or a dye that is unstable in sunlight.

The Studio may photograph Client materials for its records. It will not use a photograph of Client material in public material without permission. Unused yarn may be returned at the end of a service or stored for a short period after notice.

A Client who supplies a material that is protected by a cultural or community right confirms that they are authorised to use it. The Studio will not knowingly reproduce a protected design without the agreement of the community that holds it.

17. Limitation of Liability

The Studio provides its Services with reasonable skill and care. To the fullest extent permitted by law, the Studio is not liable for an indirect loss, a loss of profit, a loss of opportunity or a loss of goodwill arising from a Service, from a delay or from an interruption to the Site.

Where liability cannot be excluded, the liability of the Studio for a Service is limited to the fee paid for that Service. This limit does not apply to liability for death or personal injury caused by negligence, to fraud, or to any other liability that the law does not allow to be limited.

The Studio is not responsible for the care of a finished piece after it has been delivered. Care instructions are supplied with each Commission, and a Client who stores a piece in damp conditions, in direct sun or in contact with a rough surface does so at their own risk.

Nothing in this section excludes a right that a consumer holds under mandatory law. Where a mandatory right gives a stronger protection, that right applies instead of the limit above.

18. Indemnity

A Client agrees to indemnify the Studio against a claim, a loss or a cost that arises from the Client use of a Service in breach of these terms, from a material supplied by the Client, or from a design supplied by a Client that infringes another right.

This obligation does not apply where the loss was caused by the Studio own negligence or by a failure of the Studio to follow a clear instruction from the Client. It does not apply to a consumer in a way that the applicable law does not permit.

The Studio will tell a Client promptly if a claim is made that could involve this indemnity, and will give the Client a reasonable opportunity to respond before the Studio settles the matter.

19. Privacy and Personal Information

Personal information is handled in line with the Privacy Policy published on this Site. The Privacy Policy explains what is collected, why it is collected, how long it is kept and how a person can exercise a right.

The Privacy Policy forms part of these terms. If there is a conflict between these terms and the Privacy Policy on a question about personal information, the Privacy Policy prevails for that question.

A Client must not send the personal information of another person to the Studio without that person consent, unless the law allows it. Where a Client provides information about a group, the Client confirms that the group has been told how the information will be used for the booking.

20. Third Party Links and Services

The Site may link to a third party site or use a third party payment service. The Studio does not control those services and is not responsible for their content, availability or practices. A link is provided for convenience and does not create a partnership.

A Client who uses a third party payment service does so under the terms of that service. The Studio receives only the confirmation and the summary information needed to record the payment.

A delivery made through a courier is subject to the courier terms. The Studio will help a Client with a delivery problem, but the investigation of a lost parcel is carried out under the courier process.

21. Events Beyond Control

The Studio is not liable for a failure or delay caused by an event beyond its reasonable control. Examples include a fire, a flood, a severe storm, a power failure, a failure of the internet or of a hosting provider, a labour dispute, a civil disruption or a public health order.

Where such an event affects a booking, the Studio will contact the Client as soon as it can and will offer a new date or a refund of a fee paid for a service that could not be provided. The Studio will take reasonable steps to protect a warp, a commission or a Client material that is in the Loft at the time.

If the event continues for a long period, either party may end the affected booking without further charge, and the Studio will return any Client material that can be collected safely.

22. Termination and Suspension

The Studio may suspend or end a Client access to the Services where a Client breaches these terms, behaves unsafely in the Loft, fails to pay an undisputed invoice, or provides false information in a booking. The Studio will give a written reason for a decision of that kind.

A Client may end a booking under the cancellation section. Ending a booking does not remove an obligation that arose before the end, such as a payment for work already completed or the return of Client material.

On termination the Studio will return any Client yarn or material that is in its care, after settling any outstanding charge. Records that the Studio must keep for legal or archive purposes will be retained in line with the Privacy Policy.

23. Governing Law and Disputes

These terms are governed by the laws of the State of Utah and the federal laws of the United States, without regard to a conflict of law rule. A dispute should first be raised with the Studio desk in writing so that it can be resolved directly.

If a dispute cannot be resolved through discussion, either party may bring a claim in a court of competent jurisdiction in Utah. A consumer who lives elsewhere may also rely on a right to bring a claim in the courts of their own place of residence where the law allows it.

Before starting a formal claim, the parties agree to make a genuine attempt to settle the matter, including a short written summary of the issue and a reasonable period for a reply. This step does not prevent either party from seeking urgent relief where a delay would cause harm.

24. Changes to These Terms

The Studio may update these terms when a service changes or when the law requires it. The effective date at the top of this page records the version in force. A material change will be described on the Site in plain language.

A Client with an open booking or Commission will be told directly about a change that affects that booking. A change does not apply retroactively to work that was already agreed under an earlier version unless the Client accepts the change in writing.

A reader who returns to the page can compare the effective date with the date of an earlier visit. Continuing to use the Site after a change takes effect means that the updated version applies to the new use.

25. Contact Details

Questions about these terms, a request to change a booking and a notice under any section of this document should be sent to the Studio desk. Written notes are answered within two Business Days.

Email: solutions@raicesdsudamerica.mom
Telephone: +14424600755
Post: Raices de Sudamerica USA, 6983 S Running Springs Dr, West Jordan - 84084-2321, United States (US)

The Studio keeps a copy of the current terms at the desk so that a visitor can read them in the Loft. A printed copy is available on request for a Client who needs one for a file or for an institutional procurement record.